ANIL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgement and order dtd. 8/11/2016 passed by Additional Sessions Judge/Special Judge, E.C. Act, Budaun in Session Trial No.826 of 2013, arising out of Case Crime No.100 of 2013, Police Station- Ughaiti, District- Budaun, whereby the appellant was convicted and sentenced under Sec. 302 IPC for life imprisonment along with fine of Rs.20,000.00, in default of the payment of fine to further undergo one year simple imprisonment.

(2.) The brief facts of the case as culled out from the record are that a written report is filed at Police Station- Ughaiti, District- Budaun with the averment that the marriage of sister of the informant was solemnised with appellant Anil, in which dowry was given as per his financial condition but the in-laws of his sister started demanding Rs.50,000.00 as additional dowry. On 24/6/2013 at about 4:00 pm he received, a call phone from the neighbour of his sister that his sister has been done to death by her in-laws for want of dowry. On hearing the news, he reached to the matrimonial home of his sister along with other family members and saw that his sister was done to death by her in-laws by way of administering the poison.

(3.) On the basis of aforesaid written report, a first information report was registered as Case Crime No.100 of 2013 u/s 498A, 304B of IPC and under Sec. 3/4 Dowry Prohibition Act. Investigation was taken up by the I.O. He visited the spot and prepared the site-plan. The statements of witnesses were recorded u/s 161 Cr.P.C. by the investigating officer. Inquest proceedings had taken place and inquest report was prepared. The post mortem of dead body was conducted and post mortem report was prepared. The cause of death was not ascertained in post mortem and, hence, Viscera was preserved and sent to Forensic Science Laboratory for chemical examination. From where the report was received, in which organophosphorus insecticides poison was found in Viscera. After completion of investigation, the FIR was culminated into charge sheet against accused Anil, Lalu Prasad and Jaleshwari. The Magistrate took the cognizance and committed it to the Court of Sessions because the case was triable exclusively by Court of Sessions.